HomeMy WebLinkAboutRes.2738.01-07-2013BILL NO. 13-13
RESOLUTION NO. a&f
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH RAILWORKS TRACK
SERVICES, INC. FOR THE NASH ROAD RAILROAD
CROSSING IMPROVEMENTS, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
agreement with Railworks Track Services, Inc. for the Nash Road
Railroad Crossing Improvements, in the City of Cape Girardeau,
Missouri. A copy of said Agreement is attached to this
Resolution and made a part hereof. /
PASSED AND ADOPTED THIS � DAY OF J4g17 2013.
Harry E. Rediger, Mayor
CITY OF CAPE GIRARDEAU
NASH ROAD RAILROAD CROSSING IMPROVEMENTS
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year
2013 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and RAILWORKS TRACK SERVICES, INC. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be performed under these Contract Documents consists of...
furnishing and installing rubber and asphalt railroad crossing, disposing of
the removed material, providing an emergency and temporary repair of
crossing and providing a complete traffic control system on Nash Road/MO
Route AB in Cape Girardeau, Missouri. The crossing is adjacent to Resin
Exchange, Inc., 4753 Nash Road, Cape Girardeau, Missouri 63703.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within forty-five(45) calendar days after the
date when the Contract Times commence to run as provided in paragraph 2.3 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within seventy-five (75) calendar days after
the date when the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
A-1
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER five hundred dollars $ 500.00 for each
day that expires after the time specified in paragraph 3.1 for Substantial Completion until
the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER seven hundred and
fifty $ 750.00 for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: Eighty-two Thousand One Hundred Ten
Dollars and Zero Cents ($ 82,110.00 )
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
A-2
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
/M,
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. CONTRACTOR acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article B. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement (pages BF -1 to BF -7 , inclusive as revised for Addendum
# 1).
m
8.3 Performance, Payment, and other Bonds, identified as exhibits "B" and consisting
of five 5 pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive).
8.7 Specifications bearing the title NASH ROAD RAILROAD CROSSING
IMPROVEMENTS
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF -1 to BF -7 , inclusive as revised in Addendum #
1) marked exhibit "A"
8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and
participation in a federal work authorization program with respect to the employees
proposed to work in connection with the services requested herein by 1) submitting a
completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing
documentation affirming the bidder's enrollment and participation in a federal work
authorization program with respect to the employees proposed to work in connection with
the services requested herein.
8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to
_, inclusive).
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS
MR
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a parry hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or
subcontractors doing work on this project to provide, and require its on-site employees to
complete, a ten (10) hour course in construction safety and health approved by the
Occupational Safety and Health Administration ("OSHA") or similar program approved by
the Missouri Department of Labor and Industrial Relations which is at least as stringent as
an approved OSHA program. The training must be completed within sixty (60) days of the
date work on the project commences. On-site employees found on the worksite without
documentation of the required training shall have twenty (20) days to produce such
documentation.
9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's
Office weekly certified payrolls from the General Contractor and all Subcontractors during
the course of the project. These must be provided on a weekly basis; if no work was done,
then a payroll stating "No Work Done" must be submitted.
WE
.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and finro counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on � nt � , 2013 (which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR ,,,���i�,,,,
,°,����,��p,C K•SFR`i�''/-,
Scott Me Ci Mana er RAILWORKS TRACK SER •�a,�l
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Attest 9 Attes �
Gayle L onrad, City Clerk
Address for giving notices Address for giving notices
401 Independence Street y3Q 1 �r���� +�v�,�,,,i,�c.Q �r'•
Cape Girardeau, MO 63703 Q����-�n� N��; b 3��l�
(If OWNER is a public body, attach License No. ���1`fi �l�ii�.�,'c�.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
`� �`�� (If CONTRACTOR is corporation,
' ��H �,�,:� \ �=�'��,, attach evidence of authority to sign.)
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A-7
EXHIBIT "A'
CITY OF CAPE GIRARDEAU
NASH ROAD/ROUTE AB RAILROAD CROSSING IMPROVEMENTS
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The improvement consists of
furnishing and installing a rubber and asphalt railroad crossing, disposing of the
removed material, providing an emergency and temporary repair of crossing and
providing a complete traffic control system all for the City of Cape Girardeau,
Missouri.
and all other appurtenances as specified in the bid documents for the City of Cape
Girardeau, Missouri.
THIS BID IS SUBMITTED TO:
CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
fumish all Work as specified or indicated In the Contract Documents for the Bid Price and
Within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition of
Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid
opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following:
Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number end Date)
HtkleYcio..q * I 11.1',/12
BF -1 (Revised Attachment to Addendum # 1)
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been Identified. BIDDER acknowledges that such
reports and drawings are not Contract Documents and may not be complete forBIDDER'S
purposes. BIDDER acknowledges that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
the Bidding Documents with respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not considerthat any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER Is acceptable to BIDDER, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this.Bid is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage overany other Bidder or over
OWNER.
BF -2 (Revised Attachment to Addendum # 1)
(i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation In
a federal work authorization program with respect to the employees proposed to work in
connection with the services requested herein by
• submitting a completed, notarized copy of AFFIDAVIT OF WORK
AUTHORIZATION and
• providing documentation affirming the bidders enrollment and participation in a
federal work authorization program with respect to the employees proposed to work
in connection with the services requested herein.
• http://www.uscis.gov/portal/site/uscis
(j) Bidders are informed that the Project is subject to the requirements of Section
292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the
Project to provide, and require its on-site employees to complete, a ten (10) hour course in
construction safety and health approved by the Occupational Safety and Health
Administration ("OSHA") or similar program approved by the Missouri Department of Labor
and Industrial Relations which is at least as stringent as an approved OSHA program. The
training must be completed within sixty (60) days of the date work on the Project
commences. On-site employees found on the worksite without documentation of the
required training shall have twenty (20) days to produce such documentation.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
UNIT PRICE BID
NO ITEM
UNIT
EST.
UNIT
TOTAL
CiTy.
PRICE
EST. PRICE
1. Furnish and Install Rubber Flange
LS
1.00
$ SC, 32a. oe
$ 40. &'Do -oo
and Asphalt Crossing
2 Traffic Control
LS
1.00
$ q'i /„_
$ 11110 , 00
3, Disposal
LS
1.00
$ (, Cl1r,>_- no
$_101P • 00
4. Emergency and Temporary Repair of
LS
1.00
$ iD,tOp.00
$ To loo•eo
Crossing
TOTAL BID FOR ALL UNIT PRICES
$ 62, f f 0 _
a
(Written figure)
BF -3 (Revised Attachment to Addendum # 1)
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within forty-five (45)
calendar days after the date when the Contract Times commences to run as provided in
paragraph 2.3 of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.13 of the General Conditions within seventy-five (751
calendar days after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
(b) Exhibit Affidavit of Work Authorization
(c) Exhibit Affidavit of Excessive Unemployment (if applicable)
(d) The E -Verify Program for Unemployment Verification Memorandum of
Understanding http://www.uscis.cov/files/nativedocuments/MOU.pdf
(e) Exhibit Affidavit of OSHA Training
(f) Certification Regarding Debarment, Suspension and Other Responsibility Matters
7. Bidder agrees to submit the following documents within three (3) business days after
the opening of Bids if requested:
(a) BIDDER'S Qualification Statement with supporting data.
8. Communications concerning this Bid shall be addressed to:
Name HxA S« e' c
•••
BF -4 (Revised Attachment to Addendum # 1)
(a) Performance and Payment Bonding Company
Name
Address
AgentlPower of Attorney Name (if used)
Address
9. Terms used in the Bid which are defined in the General conditions or Instructions will
have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on, 2013.
State Contractor License No. M 0 D 0T 001 t a 3'
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By tS (LJnrKs I r
(State of
By � d. _
, �r OF
BF -5 (Revised Attachment to Addendum # 1)
(Name of Person Authorized to Sion)
VV`Iftw(-'7\k[Y"k] 1p3 V`ty
Phone No.: 3 ly-aq i -�L- o(*
Date of Qualification to do business is T� %C1(c
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
BF -6 (Revised Attachment to Addendum # 1)
BREAKDOWN OF WORK FORCE (Required):
The Contractor shall be registered with the Missouri Secretary of State in order to work on
this project.
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
S-cx 4AdW -ler,. 102- (A. -ft, 9ajl p(021!j
It is anticipated that the following subcontractors will be employed for work on this project:
'SUBCONTRACTORS:
(Name of Company)
(Type of Work)
'All subcontractors shall be registered with the Missouri Secretary of State in order
to work on this project.
BF -7 (Revised Attachment to Addendum # 1)
SPECIFICATIONS (SP -1)
REVISIONS
161.1 Description. Furnish and install a rubber flange way and asphalt pavement to produce a
42 TF railroad crossing. Saw cut and remove old rubber crossing. Machine tamp, raise,
and check gauge of crossing. Set rubber flange and asphalt pavement approaches.
101 JA Emergency and Temporary Repair of Crossing.
1) Remove existing rubber crossing.
2) Raise tracks to include machine tamping.
3) Reconfigure and replace the existing rubber crossing.
4) Remove the asphalt shoulders of Nash Road and replace the 10 foot wide shoulders
with temporary commercial base rock.
5) Remove and replace the existing asphalt approaches with up to 24 inches wide cold
mix asphalt.
101.2 Same.
101.3 Same,
101.4 Same.
101.5 Same,
101.6 Same.
101.7 Same.
101.8 Same.
101.9 Permanent Repair of Crossing. Within three weeks of the local asphalt plants
re -opening, the permanent asphalt 10 feet wide shoulders and 6 feet wide approaches
shall be completed.
Attachment to Addendum # 1
EXHIBIT nB'
Document A31 OTM - 2010
Conforms with The Antelaat lostiate of Architeats AIA Document 310
Bld Bond
CONTRACTOR:
(Nome legaietaimada&6-4
RallWorks Trade Services, Inc.
4301 Bridgeton Industrial Drive
Bridgeton, MO 63044
OWNER:
(.Yams 14gtdoatusmrdaaI*mW
City of Cape Girardeau, MO
401 Independence Street
Cape Girardeau, MO 63703
SURETY:
iNaem, legalsfaaradprkagrelp/ace yMakreoj
Travelers Casualty and Surety Company of America
One Tower Square ihb doe aaotu Mc knpo mat
Hartford, G`7 08183 leasteonse tueness. Consultation
MalBngAddress for Mottoes w1n aeanomeybencereeged
One Tower Square
Hartford, CT 06183
BOND AMOUNT: S 6% Five Percent of Amount Bid
PROJECT:
Own lcordonoradrd+oat adprpiccraaabor, trap}
Nash Read/ROutaAB Railroad Crossing Improvements.
The Conlactormnt Surety aro bmrnd to the Onvorio the amoam set fordt above, for so
lhemrolwy thoh helq towevion, odmiaistraton, suocasersaad atais"joindyand ear
Bwdmo such that if ibe Owner naapisthe hid oftha CmhwWrvdddo the done alaxifh
as may be agreed to by Iho Ormor and Connector, and ft Controotor either(!) erten in
the temm of welt bid, and giva such bond or bonds asaury besgeei8ad In the biddhea a
the Jwisdladon ofthe l'eleetand othamise acceptable to the 0%%=,, for the Hithlbl coil
suli Borated by
au"Mco orb
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wNh taspedb ns aemgetbn er
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Any singularrefereaa to
Cooaedm. Surety.Oener a
agarperty shah beceneldered
phrrelwhere app5calb.
'ommet and Cor the prompt
not to awrod the amount of
ad faith comet with mother
M in loll neons mrd offset. The
for an "!anion boyand
Ifthis Bond is WOW Inaonaoetioa with o subeouturc 'e bid to a Conando,the face Contractor in this Band shall be doomed to he
Subcoalmelormd the tams Oomer shall be deemed to be Contramoc W'SAISVIt
ownuularnrp
Viten dtia Bund has ban foraisbtel boamply with a ambdery arothar lesal mqu'amnnt in the location arthiethis Basdcnnniodoy with acid xtomory or legat miInimmant" he deemed deleted hmerrao and pmvfeb(statutory or other legal rtgahrmaal shall be deemed I=rleasted herds. When an fumirirod, the intent is tas a namaay bud and not as a common lawbmd. _
Signed and scaled this
3rd day of January, 2013 �S
=�i n
!lF7mcraJ
S.00satissno
10-0M-17,
Travelers Casualty and Surety ComDanv of America
laloetyl (SsaO
BY t, l AA)M
rd oe iso Attomeyl act
Surety Phone No. 732-321-5616
�l
ACKNOWLEDGEMENT OF PRINCIPAL — IF A CORPORATION
STATE OF .. m SS
COUNTY OF... ". "S....}
OnS��1.��L............. day oi.:,).+�i. VAn rY...... 'ZO .. before me personally appeared
.....i» ,.......�..0��............ to be known, who. being by me duly did depose and say; that he/she
reside @t Ir �Aa.t�r �r1./.1....., t11at he/she is the .. . { t� ..n 1:.. , .
.. 7 � , corporation described in and which executed the he within insumence
.. (Za,.ly-�Dt1�S.:.lsT.rK. 5.....: �5 �'01e
instrumeta; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed
his/her name thereto. by like order.
ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPANY
STATE OF .........................} SS
COUNTY OF .......................}
On this .......... .......... ---- day of ...... ... --......... before me personally
appy ............................................... ......................... to me known and (mown to me to be the
Of....................... ...... . .................................... a
Limited Liability Company, desriibed len and who executed the foregoing insurance instrument and acknowledged to me
that he/she executed the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for
the act and deed of said Limited Liability Company.
ACKNOWLEDGMENT OF SURETY COMPANY
STATE OF..New.Yak........ } SS
COUNTY OF Nassau.........}
On this before me personally came.. Colette R. Chisholm
to me known, who, being by me duty sworn, did depose and say, that he/she resides in
...tOwIft County ................. State of .. NewXq#................................at hc/she is the Attorney -Io -Fact
ofthe 7rw ellmceft ntly.wO.r5yMy.C4tnm.vy.G!Ao1 APA........... the corporation described in which executed the
above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she
signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of
Instnsuce of the State of New York, has, pursuant to Section 1I 1I of the Insurance Law of the State of New
York, issued to TrpX919rR.CMIteHY.Ar .S�tetY.Ge!PPatll A?N. 9vl% ......................(Surety) his/her certificate of
qualification evidencing the qualification of aid Company and its sufficiency under any law of the State of
New York as surety and guarantor, and the propriety of ac g and provin it as such; and that such
certificate has not been revoked.
k........,,
No bGc „GM t� uovarr
Rotary Paella, sole e<new Yak
NY acknowledgment Roalla�ed In�akhmmnd Cmaay
Osaumsaan LOrq Aare 37, 2714
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TRAVELERSAuk
POWER OF ATTORNCY
Formlrynon c m alty company SL Paul Mereary lawaanre Company
Fidelity and Gonemay tneumnce Camfamy,
Truvslm Upumlly, and surely Canrylmy
Pdelity and Guar mly Uummice Underwdlers, Ire.
Te veleta Cusmuliy and Surety cnnpary orAmerim
SL Pad Fire and Murine Insurance company
United Slid" Wdelity and Guaranty Company
SL Ihad Guardian Immnston company
Aftmemy-In Fact No. 225023 -
CendnewNm 004841917
KNOW AILMEN BY THFSEPRESFXTS:Thur SI P.tul Ftmaml Marina Imuroae Cnmp:uy.St. Pad Guardian Inwmmercngnvryand St. Rolmemory lawnuc0
Company are corroma on duly orgardiod uakx the lawn of the 5141c of MIDI MsW:n amt Fandngim Curudty C eaNny, Tmvclur Casualty and Surely Company, noel
Tmrelma Cmulty and Surety Common) of Ameriet, um curpraaiunc duty agmiud urnicrUm lova of the SWI: of Com eete"A. INA Uitled SWhsa Fkk:sty and Crummy
Company is a corporation duly organized under the taws of the State 1d' Maybud. thin Fidelity and Guaranty Insurance Company is a aceporAian duly orgymired under
Ox hrvst of the Salta of lotsa, and that Fidelity and Guaranty l m uftmt - Undcrsvrilen, Inc.. a a e rpnmUol duly arganimd under the hus of the Shue of Wimomtn
(herein adlulively culled the "Coftpanir:7, and 11.1 9. Compudcs it,, hirthy nate, naaaialo and appaim
Thomas Bean. Rita Sagislaoo, Gerard S, Micholz, Suwn Lupski, Robert T. Pearson, Camille Maitland, George G. Brewster,
Colette R. Chisholm, Virginia M. Lovett, and Vincent A_ Walsh
of the City id-_._ylaalan (5tm_ __ __ Score of ,_—_.i w' n _ __._ . IILL�r 1N: dad IAWnII AttntnLy(Yj•111.P.YY,
each in their separate capacity Ifnanre than ane is named ahovn, to slim, uenule. anal and aeknowlaige any and all bonds, mcoglUmow, ea diunnai andarmtiogv mal
other writings oldignmry in the nature tharnf on behalf Of 1110 Contpanins in their Whisuss of gumonWeing the Sddtly of psmma, guarmit int the performaac of
(anleacts and mate ting a BuamanaioF brads aid undemkings required orpermitted in any mamas or pso etvimp otlooed bylaw.
IN RITNFSS WHEREOF. the C nig, hate cuusW this instrument to bcv ist
M m 2012
gad and awn. corpmrc xalxmia;fWnsn.drucd, dela
day of °y ._
Fmminom Casualty company
Fidelity and Guurady Imummc Company
Fidelity, and Guaranty h mm ere Uadmeribmi, foe.
St. Pal k4m and Marine Immune Company
St. Puri Guardian Inmmnrr Company
St. Paul Mercury Insmanre Compow
T arelers Caarnttyand surely company
Traveters Camaby and Srmety Campony orAmoi
United Stains FfdeFrty and Goormay, Company
�x m elan er• ant xst
'w�S ��a nen
Srxw of conaminn
Gtyor Nurdl,mi .
try:
('dal 7LawpaM, .ur nm Ifiwl-a
On this the Ira okay ofMay A . 2012 . hmaee me personally Appeared (Image W. n apron. who a:tmwhxlged
himself m be the Senior vice Prtxidem of lemmingmn Casualty Company, Fidelity aid Guvray Insammm Company, Moody and Guaavy, boamove Underwrirrrq,
Ito:. $1. Pal Fee and M,ufne tmmonx Company St. Pxd Gundhe Insurance Company. St, Paul Memory In.umncc CroTpuny. T.,elerr Cemnby and Samty,
Conpmy Turriem casualty and Sam Camps) or Amgnua, mad United Statex Fukbry sod Guxramy c m;,m), ad dna bs ,s sm:b, Ling atnhonwl so to do,
executed tho Ioo90i09 Ins M=i for ae Puryases Ihumin amlaiocd by signing on behalf of the eurpomUom by himself at s arty euthnrned ofllcac
In whoess Wkereo4 l berounm nor m) hied and offmal KA. �a
MY Comminion expmes the0th 1day M lune. 2016. # *,p #
55440.61tPrkited In U.S.k
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WARNING THIS POWER OF ATTORNI'.YIS INVA L7 VATHd1TTHE Rol
1Li, Vona, It Ammwy N Inuln al uwicf uad Iq' cep aummhty of tic hdlawmy Iawlulaum;.lolaml ly the Itonul, on Unr Ini, to 1 i minlllnn Ch,Ildh, Cottony, frJddy
and Gnmanit hmoulncc 0inquiln. Ihd,&Iy ;rid (hhaam) luvoalwc IIntel "Ynn'. Inc, G_ Pohl fila and M.nut In,mmke Chunp:uq, tit. Phos OuaWiw hmmome
Gunryml. Si. i:ull Mosby luana wK Cmnleury,'Imclen Clotlb awl Swe" Coull"'y. nancki. C-eualn and Swey Crnolplgl A Antnav .10 United 51111
litany dud Gananly Cnngmny. whldh ma"hannm Deism In hill Inns lad ellutt, laiduls a, lulluur
RENDINI'71. onto Ilw Uhnionwa. R0. 1•IY,I(Ihn1..Lly VMI: Clannish, nn1 1•.,waitC VIS PrCWleni. 0111 tioon N1m II;"cull, any Yah' flle4hje 1. alle Neehall Vive
Ilaevicul. ithe 11>a,lut. ant A„nbWi ftatwln, ft Oulanule tit nal Ia sly A„moll Nme(I'q nun :gymiln Atumrya urklcl nod Ayu1b ro acs hrunl ml irlmll
M the Condon) and nth pile wdt apl.houve well unllxxly a, het to her ranticalc ill mllbniahnq pm,ciihe in ,lp11 with Ilw 6nnpanF:, nmte and ,ai still the
a dopalitt” ,Gd (gNll„ 1[iIl}pHgYl[n,, Cg11n41S Id IIIJMI1"11%. and 1411" Noltar, 11141tatt"Y In "w ou"lle Ill it Iwlll( n•RIp111/a1FP.. Uf CIpIJIINY@I awle Llklnp. nihil Imy
td mil rill n, w dw IbeuJ ill nuubu, M any flow it snjove ani ,rich.lboudly and n+uM ILI•plrwu pial him," our. And It k
b111071KR RICSOt.YVIL tial taw 0,ninn:m, h6e IWM-Incl, ;un V" Olanuknl. alp ICvamn•c VMV lhe,ide'll. My .S'e1101 Vee PrILklp "fully V;m Ine�ialnd imy
Ikkpalr at or may holo 1d We Inhapnor. ahon riry In ow rr I nn' nilnu, n chiphnue+ul hail C'mqumy, hum hill Ilial Itch uah Jekgalion v, In'"Lias and a mpy
themd i, Well In the Wills vl the Smeany: Aml it ill
FUICIVUR RINJI.Vb:U. licit may I. mit• uvupoirath:, hlnlnA W iminoul m nrttiug nMig;mlry in the IwWm Id A hoIRL nungnifm¢t. rr nmlfaliwnal unt"niking
Miall fie I Wid null Mlkiing ululn ifie Oanpan) whin f"I me1 ml In, Ila• I-rc,pkAi. AnyVire tlldoatn may lig ttnhM Viar I'n'Lilk'nh any ticuhK Vim 1'nailkm nr any Vice
Pmdcn41my Schuul Vk< PlehidrnL the Tn-awnm ally Aw,Imo li .mova the corpooft-grmnany of any A,.i,imd Santuy and duly uucued .,at scaled %till, A.
Onupanv', laid 115 A Senmmy w A,,immo Smtvlaq; nI del Ihdy c,nvnd puller neat if to o linvll by u1w rr mole AHhhncy, in fiM mW Arris Iarculwn In 6e p iwa
pamt6IxA in hi, or ler mnilothe or Ilmir centftcne, of authority or by Iola or nlnm Contrunty nllnets pnwlta it, u writer, tklegatnn of mlhndly wart it is
[hutrPlIl4R RISROLVRII. III,[ tk: higluavtr "I ndt nC tile following infirm: Nrcidrul, Any EnUCII lice Vim Ihamidum, any Senior Vim IlWylakm any Vne, Prnideol.
toy AwWala Vlw Ncahknl, any Searetty, oily Awl lana SacKlney, had low haul of the Company uny he 4MXcd by fnannJc m any Power of Al amey w In any
vmiReoc nelaling dwrebl apponflitg R,a.illaa Van Ncvalemh. Rc hkni 6.% lawn Seemwrk%wmh",y,-in•Idcl {Irlwlposc. only ufenecuting mWI uha,d oi hnu4
DWI IlnJrdnkingh and Atlln wrilhlgi ohli lrT in the slum dIeTeed. And mly,aeh Power of Anumry m urtfnme lKnnlrg ha cl, fachimik signann,• he ha-,imile acrd
slmll'im valid.. binding upon the C.pnitny wrid any mnall p 1wer,a rattminl alit cenilitd by such facwmik sigunhure and 1'ae vhtIc Heal QwII be valid And hinting rah
tet C(mlpany al the fuhae wllh a•,11ee1 to any Mout or uldn,nuding to which n is altnied.
1, Rein F. ilaphea taw undr..ign.d. A,alamm ,Atavgnty. of liupdngwn Casually Ominury, Hlklily and Chummily lnsumnee Company. Igddily and naandy Inmranm
Utdwsrilea. Ice'.. SI. Pahl PTre uld Mann. Insumm:e Company, til. Pond nutrition Iaarthicc Owghwy.St. Paul Mcicury Insurance ( company. 1lavc1m Connelly had
Suety Compnlly'Ihiwicn, Cnwnlly und.Stmvy Company ol'Mnrifa. and Lholani Sates Iiuldby and Civamnly Company do hereby century that the almn and t,wguinp
iha 111 -100 tmfeo c"py tf the VVnntofAlomey,Nacuwd by%uid C"mpumiv: Wiehu in fall fum and.ftea and Mm ma haw mode W.
IN TR571MONY WRERR(3F, I lune Iwntndn alit illy bold had .VfiInd the xa1, no i,id ('omphIo n des _30__ day of January. ?1i13
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ubms. wand MUMduak and the delot6 of die hmI 41 whiuh dar power is mlmdnd.
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f � MULWORKS"
00 TRACK SERVICES
RailWorks Track Services, Inc - 4301 Bridgeton Industrial Dr. - Bridgeton, MO 63044 - Ph: 314-291-2233 Fax: 314-291-2266
RailWorks Track Services, Inc - 2739 S. Old US 41 - Vincennes, IN - Ph: 812-886-0290 Fax: 812-886-0294
Submitted To: City of Cape Girardeau, MD
Thomas Wiesner
(573)339-6327
twies ner@cityofcape. org
Date: 1/3/2013
Quote #: 102 -Nash Road 010213
ITEM NO.
ARTICLES OR SERVICES
QUANTI
UNIT UNIT PRICE
AMOUNT
RallWorks Is pleased to quote the following work:
1
Furnish and install rubber and asphalt crossing
1
LS $50,320.00
$50,320.00
a. Furnish and install rubber flange way and asphalt to
produce a 42TF crossing
c. Saw cut and remove old rubber crossing
d. Machine tamp, raise, and check gauge of crossing
e. Set rubber and asphalt approaches
2
Traffic Control
1
LS $9,720.00
$9,720.00
3
Disposal
1
LS $1,970.00
$1,970.00
4
Emergency and Temporary Repair to Crossing
1
LS $20,100.00
$20,100.00
a. Remove half of the rubber and asphalt approaches
In. Raise and machine tamp
c. Install exisiting rubber back on existing rtes
d. Install cold patch where approaches were removed
e. Repeat above steps for other half of crossing
Clarifications:
1. Item 4 will be done prior to item 1
2. Traffic control is provided in prices
3. Assumes above crossing will meet MODot Spec
4. Asphalt approaches are not recommended without milling
out existing concrete (will riot have enough depth for asphalt
to be properly installed)
Total this Proposal
1
LS
$82,110.00
Notes:
Pricing Valid for 15 Days
Pricing Based on No Delays
Pricing Based on Straight Time Work
Material subject to availability at time of order
1,5i interest per monm on invoices over 10 days past due
Accepted by
City of Cape Girardeau, MO
i
Date
Respectfulty submitted,
RaIlWorks Track Services, Inc
By
Matt J. Sorcic, Estimator
THIS QUOTE AND ANY RESULTING SALE ARE SUBJECT TO THE ATTACHED TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
All sales are made solely upon the following terms and conditions as well as any additional terms and conditions that appear on the face of any quotation or order
acknowledgement issued by us:
1 ORDERS: Terms and conditions on your order form at variance
with or in addition to tears aad conditions stated herein are binding upon us
only if specifically accepted by us in writing. Your assent to these terms
and conditions, and to the terms and conditions contained in our acceptance
of your order, shall be presumed conclusively from your failure to object in
writing within 30 days after receipt of our acceptance or from your
acceptance of all or part of the goods and/or services hereunder. After
acceptance, you may modify or cancel your order only upon written notice
and payment to as of our costs resulting therefrom.
2. PRICE: Unless otherwise stated prices are net FOB, point of
origin, exclusive of transportation and insurance, and are firm for thirty (30)
days. Shipments will be billed at prices in effect on the date that we accept
your order Published prices we subject to change without notice and
quoted prices are subject to adjustment if specifications or delivery
requirements are changed after price is quoted.
3. TERMS OF PAYMENT: Unless otherwise stated, payments
are due and payable net thirty (30) days from date of invoice. Invoices will
be rendered (a) upon acceptance of your order for ten percent (101%) of the
order vahre; (b) upon our receipt ofmajor items of equipment or materials
from our suppliers, (c) upon shipment of goods to you, and/or (d) the earlier
of completion of services or monthly for the portion of work performed
during the preceding month. For each thirty (30) days, or part thereof, that
an invoice remain overdue, you will be charged interest on the unpaid
balance at a rate not exceeding the maximum lawful rate. Partial shipments
may be made at our option. If all items are not shipped on the same date,
pm men invoices will be rendered.
4. TAXES: Prices exclude all duties, taxes or other governmental
charges which now are or hereafter may he imposed upon die sale or use of
the goods and/or services herein. All such taxes or other charges paid by us
shall be for your account and shall be added to the prices set forth herein.
Any exemption claimed from the application of such taxes or charges
should be plainly designated on the face of the orders placed with us and
accompanied by exemption certificates where the law so requires.
5. DELIVERY: Shipment, delivery, and installation dales are
estimated dates only, and unless mherwise specified, are calculated from the
date of receipt of complete technical data and approved drawings, if
required. In estimating such dates, no allowance has been made, nor shall
we be liable directly or indirectly for delays of carriers or delays from labor
difficulties, shortages, strikes or stoppages of any son, fires, accidents,
failure or delay in obtaining materials or manufacturing facilities, acts of
government affecting us directly or indirectly, bad weather, or any cause
beyond our control or causes designated Acts of Gud or force majeure by
any court of law and when such delays arise, the estimated shipment,
delivery and/or installation dates shall be extended accordingly. We will
not be liable for any damages or penalties whatsoever, whether direct,
indirect, .special or consequential, resulting from our failure to perform or
delay in performing unless otherwise agreed in writing by an authorized
officer or his designee.
The date of delivery of goods and equipment to he famished
hereunder is the dale of delivery to the initial canter. The date of delivery of
work requiring installation and/or construction is the date of completion
thereof. As of such date(s), risk of loss is transferred to you. You are solely
re,Ponsible, for claims for loss or damage thereafter, as well as for loss or
damage in transit Claims for errors or shortages in shipments must be
submitted to us, with adequate substantiation, within thirty (30) days after
receipt.
6. TITLE: Except as otherwise agreed in writing, title to goods,
materials and equipment furnished hereunder, or any part thereof£ shall pass
to you as soon as all payments due have been fully made in cash, If default
is made in any of the payments, we may retain all payments which have
been made on accost of the purchase price (up to 30% thereof) as
liquidated damages, and we shall be entitled to the immediate re -possession
of such goods, materials and equipment. We shall be Gee to enter the
premises where the goods, materials end equipment may he located and
remove them, without prejudice to our right to recover any further esTenses
or damages which we may suffer by reason of non-payment.
7. WARRANTY: Goods produced and services rendered by others
and finished by us are warranted only to the extent of the original
supplier's warranty. Goods produced and services rendered by us for this
order are warranted to conform to our published specifications therefor or to
the technical description prepared by us for this order. We will correct at
our expense any defect in goods produced and services rendered by us that
results in a breach of this warranty under normal and proper use and service
within twelve (12) months after the date of delivery thereof, provided that
you promptly give written notice to us of such breach and we can confirm,
under actual operating conditions, the condition which constitutes the
alleged breach-
All
reachAll warranties shall be void and we shall not be responsible for
the performance of any good or service that, after shipment or installation,
is altered, tampered with, or repaired by anyone except personnel
authorized by us; that is used under conditions varying materially from
existing industry standards; that is damaged or fails to operate properly due
to abrasion, corrosion or the influence of foreign energy or matter, or that
proves unsuitable in an application of your choosing or a system of year
design.
THE FOREGOING IS EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES, GUARANTEES, OBLIGATIONS OR
LIABILITIES, EXPRESS OR IMPLIED BY STATUTE OR
OTHERWISE. INPARTICULAR THERE SHALL BE EXCLUDED THE
IMPLIED WARRANTY OF MERCHANTABILITY AND TILE IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE
SHALL NOT RJ ANY EVENT BE LIABLE FOR ANY COST OR
EXPENSE, INCLUDING LABOR, IN CONNECTION WITH REMOVAL
OR REINSTALLATION, FOR INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY BIFID, NOR FOR ANY
CLAIMS ARISING OUT OF THE SUPPLY OR USE OF ITEMS,
DESIGNS OR SOFTWARE FURNISHED HEREUNDER, EXCEPT AS
SETFORIII HEREIN.
9. RI.LECTIONMETURNS/CANCEI.I,A'YIUN: Goods,
materials or services may be rejected for cause only if you notify us in
writing within thirty (30) daysufter the date of delivery. Failure to provide
such notification constitutes acceptance of such goods, materials or
services. Only orders for standard goods or materials may be cancelled and
only standard goods or materials may be returned. No goods or materials
may be returned more than 30 days after the dare of delivery except with
tarn written consent. An order for standard goods or materials may be
cancelled prior to delivery and standard goods and materials may be
returned within 30 days after the dale of delivery, subject to a
cancellation/re-stocking charge of 15% of the order value. An order
involving installation or construction may be cancelled prior to onsite
mobilizedon, subject to a cancellation charge of 25% of the order value.
9. RECORDS, AUDITS AND PROPRIETARY DATA: Unless
otherwise specifically agreed to in writing signed by m authorized officer,
neither you nm any representative of yours, nor any other person shall have
my right to examine or audit our cost accounts, books or records of any
kind or on any matter, or be entitled to or have control over any technical
FORMS / Quotation Offer Acceptance RAILWORKS TRACK SERVICES, INC.
Terms and Conditions 4301 Bridgeton Industrial Drive
Bridgeton, MO 63044-1204
(314) 291-2233 ♦ (314) 291-2266 FAX